Appellate Division: Second Judicial Department

M34690

E/sl

STEPHEN G. CRANE, J.P.

GABRIEL M. KRAUSMAN

REINALDO E. RIVERA

MARK C. DILLON, JJ.

2005-09847 In the Matter of Victoria J. (Anonymous). Administration for Children's Services, petitioner-respondent; Monique J. (Anonymous), appellant, et al., respondent. (Appeal No. 1) (Docket No. N-01658-05) 2005-10195 In the Matter of Horace G. (Anonymous), petitioner- respondent, v Administration for Children's Services, respondent, Monique J. (Anonymous), appellant. (Appeal No. 2) (Docket No. V-02529-05)

DECISION & ORDER ON MOTION

Separate motions by counsel assigned to represent the appellant in two proceedings before the Family Court, Queens County, to be relieved, for the assignment of new counsel to prosecute appeals from two orders of the Family Court, Queens County, both dated September 22, 2005, and to grant the appellant leave to prosecute the appeal as a poor person.

Upon the papers filed in support of the motion and the papers filed in opposition to or in relation thereto, it is

ORDERED that the branches of the motions which are to relieve counsel is granted and counsel assigned by the Family Court is relieved from representing the appellant on the appeals; and it is further,

ORDERED that counsel shall serve a copy of this decision and order upon the appellant on or before January 26, 2006, by one of the methods specified in CPLR 2103(c) and shall file proof of such service with this court; and it is further,

ORDERED that the branches of the motion which seek assignment of new counsel to represent the appellant on the appeals and leave to prosecute the appeals as a poor person are denied with leave to the appellant to renew, on or before February 9, 2006, upon the submission of proper papers establishing that she is entitled to poor person relief and indicating that the appellant is interested in pursuing the appeals.

CRANE, J.P., KRAUSMAN, RIVERA and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court